IMPORTANT POINT
The court ruled that allegations of sexual assault necessitate the registration of an FIR without preliminary inquiry, emphasizing the need for judicial scrutiny in such cases.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Instant Criminal Revision has been preferred under Section 397/401 Cr.P.C. against the impugned order dated 23.06.2023 passed by learned Chief Judicial Magistrate, Hathras in Criminal Complaint Case No.849/12/2022, whereby application moved by the applicant/revisionist under Section 156(3) Cr.P.C. has been dismissed.

2. Heard Sri N.I.Jafri, learned Senior Advocate assisted by Sri Ali Jamal Khan and Sri Sadrul Islam Jafri learned counsel for the revisionist, Sri Saghir Ahmad learned Senior Advocate assisted by Sri Rahul Kumar Sharma and learned A.G.A. for the State-respondent and perused the material available on record.

3. Brief facts of the case are that the applicant who is the victim has moved application under Section 156(3) Cr.P.C. stating therein that the incident occurred on 24.06.2022 at 01:00 pm. When she moved towards office after finishing her teaching work in Civilian School run by Basic Education Department, Kota in Block Mursan, District Hathras, suddenly opposite party Laxmi Narayan Sharma who was working as Head Master in Primary School Nagla Mallu, Block Mursan, District Hathras emerged there and asked her to stop, when she reached in the veranda of the school he abused her in filthy language and asked for her husband Jitendra Sharma in abusive language, then she stopped her to abuse them, he again abused her and acted in obscene manner with her. He tried to grab her breast and tried to molest her, which resulted in outraging her modesty. On hearing her shierks her husband Jitendra Sharma reached on the spot and then the opposite party escaped from there after threatening him with life. The opposite party used to threaten her every now and then, when she happened to be on way to school. Her report was not lodged at police station, she reported the matter by registered post to police, but no action was taken. She moved an application under Section 156(3) Cr.P.C. before the Magistrate concerned i.e. Chief Judicial Magistrate, Hathras.

4. However, learned C.J.M. placing reliance on preliminary inquiry report filed by Station House Officer concerned, dismissed the application with observation that application had been moved due to personal animosity of the applicant and her husband with the opposite party only with a view to exert unnecessary pressure on him. No cognizable offence is made out on the basis of evidence on record. Feeling aggrieved by the order the applicant/revisionist has preferred the present revision.

5. Learned counsel for the revisionist submits that the impugned order passed by learned Magistrate is illegal and contrary to law. The impugned order is based on conjectures and surmises and wrong observation has been made by learned Magistrate by rejecting the application under Section 256(3) Cr.P.C. that no cognizable offence is made out. In fact it is clear case of outraging modestly of a woman and criminal intimidation etc. is also made out on the facts of the case, but same has not been taken care of by learned C.J.M.. No preliminary inquiry is called for, where a sexual offence having been alleged against the proposed accused. Inspite of a cognizable offence is made out, the learned C.J.M. has dismissed the application on the basis of preliminary inquiry report submitted by the police, in which no statement of witnesses was recorded.

6. Learned counsel for the revisionist has placed reliance on a judgment of Supreme Court in ‘XYZ’ Vs. State of Madhya Pradesh and others reported in 2022 (0) SC 740 and observations made in paragraph Nos. 15, 16, 20, 25, 26, 27, 28, 29, 30 and 31 and submitted that on the facts of the case a cognizable offence in the nature of sexual offence is made out, which has been committed against a women. There is no other option before the Magistrate but to direct registration of an FIR, where an application under Section 156(3) Cr.P.C. has been filed victim on her behalf, other facts are not relevant at the stage of registration of